B-144641, DEC. 28, 1960
Highlights
POTTS AND MAECHLING: WE HAVE YOUR LETTER OF DECEMBER 14. YOU INDICATE THAT THE DEADLINE FOR THE SUBMISSION OF BIDS WAS NOVEMBER 15. THAT THE CONTRACT PERIOD WAS SCHEDULED TO BEGIN ON JANUARY 1. YOU ALLEGE THAT THE CHARGES MADE ARE WITHOUT ANY REASONABLE DEGREE OF FOUNDATION AND WERE INTENDED SOLELY TO DELAY AWARD TO YOUR CLIENT AS THE LOW BIDDER. IS SOLELY TO INSURE THAT NO CONTRACT IS AWARDED EXCEPT IN CONFORMITY WITH APPLICABLE STATUTES AND REGULATIONS. WE HAVE NO AUTHORITY TO DIRECT THAT AN AWARD BE MADE WHEN IN THE VIEW OF THE CONTRACTING AGENCY THE AWARD SHOULD BE DELAYED. WE REGRET THAT WE MUST ADVISE YOU THAT THERE IS NO ACTION WHICH OUR OFFICE CAN TAKE AT THIS TIME WITH RESPECT TO THE MATTER.
B-144641, DEC. 28, 1960
TO SHAW, PITTMAN, POTTS AND MAECHLING:
WE HAVE YOUR LETTER OF DECEMBER 14, 1960, WITH ENCLOSURES, PROTESTING ON BEHALF OF INTERNATIONAL AIRCRAFT SERVICES, INC., THE DELAY BY THE AIR FORCE IN MAKING AN AWARD PURSUANT TO INVITATION NO. 04-687-61-1 FOR MANAGEMENT SERVICES AT WAKE ISLAND.
YOU INDICATE THAT THE DEADLINE FOR THE SUBMISSION OF BIDS WAS NOVEMBER 15, 1960, AND THAT THE CONTRACT PERIOD WAS SCHEDULED TO BEGIN ON JANUARY 1, 1961. WE UNDERSTAND THAT AWARD UNDER THE INVITATION HAS BEEN DELAYED PENDING AN INVESTIGATION OF CHARGES MADE WITH RESPECT TO THE POSSIBILITY OF IMPROPRIETIES IN THE BIDDING. YOU ALLEGE THAT THE CHARGES MADE ARE WITHOUT ANY REASONABLE DEGREE OF FOUNDATION AND WERE INTENDED SOLELY TO DELAY AWARD TO YOUR CLIENT AS THE LOW BIDDER. YOU REQUEST UNDER THE CIRCUMSTANCES THAT WE TAKE PROMPT ACTION TO DIRECT THE AIR FORCE TO DETERMINE THE MATTER WITHOUT DELAY ON THE BASIS OF THE RECORD NOW BEFORE IT.
OUR JURISDICTION IN THE MATTER OF GOVERNMENT CONTRACTS, EXCEPT FOR OUR OWN COMPARATIVELY MINOR PROCUREMENTS, IS SOLELY TO INSURE THAT NO CONTRACT IS AWARDED EXCEPT IN CONFORMITY WITH APPLICABLE STATUTES AND REGULATIONS. WE HAVE NO AUTHORITY TO DIRECT THAT AN AWARD BE MADE WHEN IN THE VIEW OF THE CONTRACTING AGENCY THE AWARD SHOULD BE DELAYED, OR NO AWARD SHOULD BE MADE AT ALL.
ACCORDINGLY, WE REGRET THAT WE MUST ADVISE YOU THAT THERE IS NO ACTION WHICH OUR OFFICE CAN TAKE AT THIS TIME WITH RESPECT TO THE MATTER.